The Commission on Capital Cases updates thisinformation regularly.  This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes. 

RODRIGUEZ, Manuel AKA Manolo Rodriguez (H/M)

DC #   073283

DOB:   01/13/56

­­­Eleventh Judicial Circuit, Dade County, Case #93-25817B

Sentencing Judge: The Honorable Leslie Rothenberg

Attorney, Trial: E. Zenobi and R. Houlihan – SpecialAssistant Public Defenders

Attorney, Direct Appeal: Scott W. Sarkin – Special AssistantPublic Defender

Attorney, Collateral Appeals:  Roseanne Eckert – CCRC-S

Date of Offense: 12/04/84

Date of Sentence: 10/24/96

Circumstances of Offense:

Manuel Rodriguez was convicted and sentenced to death forthe murders of Bea Sabe Joseph, Sam Joseph, and Genevieve Marie Abraham.

On 12/04/84, Manuel Rodriguez and Luis Rodriguez, who arenot related, went to the apartment of Bea Sabe Joseph and Sam Joseph to rob thecouple.  Manuel Rodriguez and Luiz Rodriguez forced their way into theJoseph’s apartment.  They robbed the couple and a friend of the Josephs,Genevieve Marie Abraham, who was visiting the Joseph’s apartment.  Theykilled all three people by shooting each victim in the head. 

The police determined that Abraham’s wedding band, diamondwatch and diamond bracelet were missing.  Shortly after the murders, ManuelRodriguez called police identifying himself as Antonio Chait and gave thepolice false information about the murders.  The police were able todetermine that Manuel Rodriguez made the phone calls himself, which made him asuspect in the murders.  Later, Manuel Rodriguez contacted the policeagain and identified himself as Antonio Traves.  He told the police thathe had witnessed a man named Geraldo leaving the Josephs’ apartment on thenight of the murders.

In 1992, Rafael Lopez, Luis Rodriguez’s brother-in-law,informed police that Luis Rodriguez admitted he robbed and killed the Josephsand Abraham with Manuel Rodriguez to obtain the reward offered for informationabout the case.  Based on this information, the police spoke to LuisRodriguez, who confessed, incriminating himself and Manuel Rodriguez for thearmed burglary and murders.  The police talked to Manuel Rodriguez, whoclaimed not to have been involved, but he eventually admitted to involvement inthe armed burglary and murders.  Manuel Rodriguez, however, claimed thathe was asked to act as a lookout while Luis Rodriguez and his brother, Isidoro,committed the armed burglary and murders.

At the trial of Manuel Rodriguez, Luis Rodriquez testifiedthat Manuel asked him to act as the lookout while Manuel Rodriguez committedthe robbery and murders.  Manuel Rodriguez claimed that on 12/04/84,Manuel and Luis Rodriguez went to the Joseph’s apartment.  Manuel knockedon the door and told Sam Joseph that Maria Malakoff, the girlfriend of Manueland the sister of Luis, and her and Manuel’s children were being held hostageuntil the Josephs gave Manuel money.  At this point, Manuel pushed his wayinto the apartment and Luis followed, closing the door behind him.  Manuelput on a pair of rubber gloves and gave a pair to Luis.  Sam Josephoffered to get money from the bedroom, but Luis went instead and found afirearm, which upset Manuel because he thought that Sam Joseph was trying totrick them so that he could get the gun.  Manuel Rodriguez shot both BeaJoseph and Sam Joseph.  Manuel ordered Luis to shoot Genevieve MarieAbraham.  Luis Rodriguez shot Abraham, and then he quickly left thescene.  In a sworn statement prior to Manuel Rodriguez’s trial, MariaMalakoff testified that Manuel told her that he killed Sam Joseph, Luis killedAbraham, and Manuel himself verified that all the victims were dead.

Additional Information

Codefendant Information: 

Luis O. Rodriguez (Dade #93-25817)

Luis O. Rodriguez was convicted of three counts ofSecond-Degree Murder and one count of Armed Burglary.  Rodriquez wassentenced to four life sentences on 04/25/96.

Trial Summary:

09/15/93         Rodriguez was indicted on the following counts:

                                   Count I:          First-Degree Murder (Bea Sabe Joseph)

                                   Count II:         First-Degree Murder(Sam Joseph)

                                   Count III:        First-Degree Murder(Genevieve Marie Abraham)

                                   Count IV:        Armed Burglary with Assault

10/24/96         Rodriguez was found guilty on all counts charged in the indictment.

12/12/96         Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the deathpenalty for each of the three counts of First-Degree Murder.

01/31/97         Rodriguez was sentenced as follows:

                                   Count I:          First-Degree Murder (Bea Sabe Joseph) – Death

                                   Count II:         First-Degree Murder(Sam Joseph) – Death

CountIII:        First-Degree Murder (GenevieveMarie Abraham) – Death

                                   Count IV:        Armed Burglary with Assault– Life

Appeals Summary:

Florida Supreme Court – Direct Appeal

FSC #90,153

753 So. 2d 29 (Fla. 2000)

03/20/97         Appeal filed

02/03/00         FSC affirmed the conviction and sentence

03/23/00         Rehearing denied

04/26/00         Mandate issued

United State Supreme Court – Petition for Writ ofCertiorari

USSC #99-10079

531 U.S. 859; 121 S. Ct. 145; 148 L. Ed. 2d 96 (U.S. 2000)

06/20/00         Petition filed

10/02/00         USSC denied the Petition

Circuit Court – 3.850 Motion

CC #93-25817

09/14/01         Motion filed

04/16/04         Amended motion filed

05/03/05         Motion denied

Florida Supreme Court – 3.850 Appeal

FSC# 05-859

05/16/05         Appeal filed

04/30/08         Relinquished to Circuit Court

11/17/08         Appeal filed (concerning 11/05/08 denial of 3.850 Motion in the Circuit Court)

10/07/09         Oral Arguments held

05/06/10             FSC affirmed denial of Motion

05/19/10             Motion for Rehearing filed

07/09/10             Motion denied

07/26/10             Mandate issued

Florida Supreme Court – Writ of Habeas Corpus

FSC# 07-1314

39 So.3d 275

07/16/07         Petition filed

04/11/08         Oral Arguments held

10/07/09         Oral Arguments held

05/06/10             Petition denied

05/19/10             Motion for Rehearing filed

07/09/10             Motion denied

Circuit Court – 3.850 Motion

CC# 93-25817

39 So.3d 275

01/18/08         Motion filed

10/09/08         Motion denied

10/30/08         Motion for Rehearing

11/05/08         Rehearing denied

United States District Court, Southern District –Petition for Writ of Habeas Corpus

USDC# 10-22692

(Pending)

07/26/10            Petition filed

08/03/10            Motion to stay proceedings filed

10/27/10            Order granting motion to stayproceedings

10/28/10            Motion to vacate order

11/03/10            Order vacated

Factors Contributing to the Delay in Execution ofSentence:

The Direct Appeal was pending for three years prior to theFlorida Supreme Court affirming the conviction and sentence.

Case Information:

Rodriguez filed his Direct Appeal in the Florida SupremeCourt on 03/20/97.  The issues addressed included the prosecutionimproperly commenting on Rodriguez’s right not to testify at the trial, thetrial court mishandling peremptory challenges during jury selection, and thetrial court improperly admitting evidence beneficial for the prosecution andimproperly denying admitting evidence beneficial for the defense.  Otherissues included that the trial court mishandled assessing mitigation andaggravating factors and that the trial court erred in finding the murders to becold, calculating and premeditated.  The Florida Supreme Court did notfind errors that warranted reversing the conviction or sentence and affirmedthe conviction and sentence on 02/03/00.  Rehearing was denied on03/23/00.  A Mandate was issued on 04/26/00.

Rodriguez filed a Petition for Writ of Certiorari on06/20/00 with the United States Supreme Court.  The petition was denied on10/02/00.

Rodriguez filed a 3.850 Motion on 09/14/01 with the circuitcourt.  Rodriguez filed an Amended 3.850 Motion on 04/16/04.  Themotion was denied on 05/03/05.

On 05/16/05, Rodriguez filed a 3.850 Appeal in the FloridaSupreme Court.  On 04/30/08, jurisdiction was relinquished to the CircuitCourt.  On 11/17/08, Rodriguez filed a 3.850 Appeal in the Florida SupremeCourt.  Oral arguments were held on 10/07/09. The Florida Supreme Courtaffirmed the denial of the 3.850 Motion on 05/06/10. A Motion for Rehearing wasfiled on 05/19/10, and it was denied on 07/09/10. A mandate was issued on07/26/10.

Rodriguez filed a Petition for Habeas Corpus on 07/16/07with the Florida Supreme Court.  Oral arguments were held on 04/11/08 and10/07/09. This petition was denied on 05/06/10. A Motion for Rehearing wasfiled on 05/19/10, and it was denied on 07/09/10.

On 01/18/08, Rodriguez filed a 3.851 Motion in the CircuitCourt.  This motion was denied on 10/09/08.  On 10/30/08, Rodriguezfiled a Motion for Rehearing in the Circuit Court which was denied on 11/05/08.

On 07/26/10, Rodriguez filed Petition for Writ of HabeasCorpus in the United States District Court, Southern District. A motion to stayproceedings for a competency evaluation was filed on 08/03/10 and was grantedon 10/27/10. A motion to vacate the order was made on 10/28/10, and the orderwas vacated on 11/03/10.

________________________________________________________________________

Report Date:    07/02/02          S.Q.

Approved:       07/16/03          W.S.

Updated:         01/20/11          EMJ